Item C10BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 21, 2014 Division: County Administrator
Bulk Item: Yes XX No Staff Contact Person:Don DeGraw/Pedro Mercado
AGENDA ITEM WORDING: Approval of a five year lease agreement with Mountain Air Cargo for
use of aircraft parking apron at the Florida Keys Marathon Airport.
ITEM BACKGROUND: Mountain Air Cargo is a contractor for FedEx. '1hey lease 19,800 sq. ft. of
aircraft apron at the Florida Keys Marathon Airport, their current lease expires 3/31/15. The new leas
term would commence on 4/1/15 and end on 3/31/20. Fees and charges are consistent with previous
CPI adjusted rates. I
aims law"s me'l, I'm M
COVT,-TACTIAGREEMENT CHANGES: N/A
ft7V
T IT 2 M N''P
Approval
N00311l M711111 3,41#11102y, M,
BUDGETED: Yes No
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes XX No— AMOUNT PER MONTH: 1,132.2 + dirt
fees if over 5 Tg week.
0�1
APPROVED BY: County Arty OMB/Purchasing-eb Risk Management
111011,11111 "W"11182#1 M", 31",
DISPOSITION:
Included XX Not Required
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Mountain Air C"argo- c. Effective Date: AR61 1 2015
Expiration Date: Miarch 3.1, 2020
Contract Purpose/Description: To lease 19,800.s �.ft. of �aircrq�fta rpnark�ins �ace atjLe
Florida �g�Mar�qthon _Aior�t.
Contract Manager: Don DeGraw
(Name)
for BOCC meeting on January 21, 2015
Risk Management
el'.1
O.M.B./Purchasing
County Attorney
WIS
6060 Marathgp Airgort/Stop 15
(Ext.) (Department)
Ag�.i�da P(��d��ne: January 6, 2015
FRACT REVIEW
Changes
Needed vi er
YesE] NoRa" . . ....
YesE] Nol�
YesE] Noo�
Yes[:] Nop
L Ae
����,�'� ��
AGREEMENT
FLORIDA KEYS MARATHON AIRPORT
Mountain
.n'2n
The lease amount agreed to herein will be adjusted annually, commencing on April 1, 2016, in
accordance with the percentage increase in the Consumer Price Index for urban consumers (CPI-U) for
the preceding calendar year.
Rent for item I shall be paid in equal monthly installments, each of which shall be due and
payable on or before the first day of each calendar month during which this lease is in effect. Landing
fees shall be paid within thirty days after the end of the month for which they are due. Upon the failure
of LESSEE to pay rent and/or fees when due, the Lessor will be entitled to charge and collect, and
LESSEE will be obligated to pay, a late fee of two percent (2%) of any such amount, if paid within
thirty (30) days of the date due, and five percent (5%) of any such amount, not paid within thirty (30)
days of the date due. Such late fees will be in addition to the amount of rent and/or landing fees due.
The acceptance by the LESSOR of the overdue rent and/or landing fees plus applicable late fees shall
cure what would otherwise constitute a default by LESSEE under the terms of this lease. The
LESSOR, at its option, however, may refuse a proffered overdue fee and late fees, declare a default,
and proceed according to Paragraph 29 of this lease. In the event that any check, draft or negotiable
instrument by which LESSEE has tendered any payment is returned to the LESSOR and not honored,
whether for insufficient funds or other reason, the LESSOR will be entitled to charge and collect, in
ition to n Jicab Int q ment B " rovided above a fee of Twen five Dollars $25.
Or
K
7. Right of IagEgILAR!L� LESSEE, its agents, employees, customers,
* remises, which
�,hall not be unreasonably restricted by LESSOR.
8. Assignment This agreement may not be assigned without the written consent of the
LESSOR.
LESSEE will obtain or possess the following insurance coverages and will provide
Certificates of Insurance to the LESSOR to verify such coverage;
(a) General LilhMIX. LESSEE shall provide coverage for all premises and operations
including Contractual, Products, and Completed Operations, Personal Injury Liability and
Expanded Definition of Property Damage. The limits shall not be less than;
$1,000,000 Combined Single Limits (CSL) or its equivalent
Ifs lit limits are provided, the minimum limits acceptable shall be;
$1,000,000.00 per occurrence,
$500,000 per person,
$100,000 Property Damage
The General Aggregate limit shall either apply separately to this agreement orshall be
at least twice the required occurrence limits.
(b) Vehicle Lijkffi_q® LESSEE shall provide coverage for all owned, non -owned and
hired vehicles with limits of not less than;
$1,000,000 CSL or its equivalent
Ifs lit limits are provided, the minimum limits acceptable shall be;
$ 1,000,000 per occurrence
$500,000 per person
$100,000 Property Damage
(c) Professional Aviation Lilhility. LESSEE will provide coverage for limits of not less
than $30,000,000.00 CSL, including passengers, or its equivalent.
(d) Worker's Compensation. LESSEE shall provide coverage with limits sufficient to
respond to the applicable state statutes.
(e) The Monroe County Board of County Commissioners will be included as "Additional
Insured" on all policies, except for Worker's Compensation.
(f) All insurance policies must specify that they are not subject to cancellation, non -
renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior
notification is given to the COUNTY by the insurer.
(g) The acceptance and/or approval of LESSEE insurance shall not be construed as
relieving LESSEE from any liability or obligation assumed under this agreement or imposed by law.
(h) LESSEE shall maintain the required insurance throughout the entire term of this
agreement and any extensions which may be entered into. The LESSOR, at its sole option, has the
0
El
amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public
61
Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating
to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of
1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of
housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended
from time to time, relating to nondiscrimination based of disability; 10) Secs. 13-101, et seq., Monroe
County Code, relating to discrimination based on race, color, sex, religion, disability, national origin,
ancestry, sexual orientation, gender identify or expression, familial status or age; 11) Any other
nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the
subject matter of, this agreement.
19. Covenant of No Interest The LESSOR and LESSEE covenant that neither
presently has any interest, and shall not acquire any interest, which would conflict in any manner or
degree with its performance under this agreement, and the only interest of each is to perform and
receive benefits as recited in this agreement.
20. Code of Ethics The LESSOR agrees that officers and employees of the LESSOR
recognize and will be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to solicitation
position, conflicting employment or contractual relationship; and disclosure or use of certain
informati n
WnAZIETT
If
...............
It
R
have the authority to inform, counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this agreement separate and apart,
inferior to, or superior to the community in general or for the purposes contemplated in this agreement.
25. Attestations LESSEE agrees to execute such documents as the LESSOR may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free
Workplace Statement.
26. No Personal Liabifity NO covenant or agreement contained herein shall be
LESSORini&-Dr
her individual capacity, and no member, officer, agent or employee of LESSOR shall be liable
personally on this agreement or be subject to any personal liability or accountability by reason of the
execution of this agreement.
27. Execution in Counterparts This agreement may be executed in any number of
o te arts e h f hich shall be re arded as an ori inal all of which taken toa_etlw_r_shatLcon_s�
M4 104 M -4 oil 04) VaMER TMI411
M
�i is �"#�j
(4) gation of Breach. TSA has a policy of forgoing civil penalty actions when the airport
operator detects violations, promptly discloses the violations to TSA, and takes prompt corrective
action to ensure that the same or similar violations do not recur. This policy is known as the TSA
Volunt Disclosure Pro P H and is desiped to encourage c &,=11ance with TSA
14" '110 �10
1111 1 Jill ii b
airport operator the total costs incurred by the airport operator in investigating, derending, mitigating,
or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable
attorney's fees and costs incurred in the investigation, defense, mitigation, or taking of remedial action
measures. A violation resulting in the issuance of a letter of correction shall not be considered to be a
breach of this agreement by the airport tenant.
(5) Survival of Subsection. This subsection shall survive the cancellation or termination of this
agreement, and shall be in full force and effect.
33. Hold Harmless; Indeninification, Defense, Release, Survival. Notwithstanding any
minimum insurance requirements prescribed elsewhere in this agreement, LESSEE shall defend,
indemnify and hold the LESSOR and the LESSOR's elected and appointed officers and employees
harmless from and against i an I I ction r causes of aci n liti ntinn ndministrative
ffol
obligations under federal aviation law and contractual commitments to the federal government. Upon
a formal written declaration by the Federal Aviation Administration ("FAA") that a term or provision
of the Agreement is inconsistent with federal aviation law or a contractual commitment to the FAA,
the impermissible term shall be severed, without affecting the remainder of the Agreement. The
parties may agree to amend the Agreement as provided herein as necessary to comply with the FAA's
formal written declaration.
B. VIOLATIONS. LESSEE agrees to pay on behalf of the LESSSOR any penalty,
assessment, or fine, issued against the LESSOR, or to defend in the name of the LESSOR any claim,
assessment, or civil action, which may be presented or initiated by any agency or office of the federal,
state, or county governments, based in whole or substantial part upon a claim or allegation that
LESSEE, its agents, employees or invitees have violated any law, ordinance, regulation, rule or
directives described in 34 (A) above.
35. RightsReserved Rights not specifically granted to LESSEE by this Agreement are
reserved to the LESSOR.
36. Mutual Review This agreement has been carefully reviewed by LESSEE and the
LESSOR, therefore this agreement is not to be construed against either party on the basis of
authorship.
IN WITNESS WIIEREOF, the parties have caused this lease to be executed this ___ day
of ......... .
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: AMY HEAVILIN, CLERK OF MONROE COUNTY, FLORIDA
M
000�
Witness, e
Witness, Date I
0
MWEAWMI
T (X -INEY
u Nf.l r
Date I Cs-
M
MOUNTAIN AIR CARGO, INC.
Title
M
(Name of Business)
VrV TIMM M
controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for
violations of such prohibition.
imposed upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy A-
A . . A in subsection (1).
Maim M-
I
U111HP111CAL-41 USI-LICIC tu SWETs orauly suxfC,-+Vr a-z'xiiallovrjpu" rr, n"d -MeIr
days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such
is available in the employee's conimunity, or any employee who is so convicted.
i II I I 11!11 111
RIUMM MERITINITURITITMAT1,11 "11 1 1 � I � I � , � � �Y � I � � I I I I
= �MME���
Bidder's ature
fl
-ju",
Date
IN
J11111 illiiiir'il iii
z 1': -Lwl P I A ' 0 IN, T] I III-w- WC
MONROE COUNTY, FLORIDA
W11nWiNwAlmi
or otherwise had act on his/its behalf any former County officer or employee in violation of
Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No, 10- 1990. For breach or violation of this provision the County
may, in its discretion, terminate this contract out liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer are loye °
sfignature)
Date:
STATE OF Jk
COUNTY OF CA VAV
Nuv �k(j_vvl DY) who, after first being sworn by me, affixed his/her
signature (name of individual signing) in the space provided above on this day of
plaw—�2L( 20 1-'4,
My commission expires: h,0
W
TARY PU Ll
ARY i;D L,
"A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or services to a public
building or public work, may not submit bids on leases of real property to public entity, may not
be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract
with any public entity, and may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date
of being placed on the convicted vendor list."
I have read the above and state that neither A)00 19 q o (Respondent's name) or
any Affiliate has been placed on the convicted vendor list wiiiiiiiifie last 36 months.
c.
(Sig a re)
Date:
STATE OF: k VI
COUNTY OF:
Subscribe and sworn to (or affirmed) before me on
(date)
by On r (name of affiant). He/She is
personally known to me or has produced
e of identification)
as identification.
PUBLI
My Commission Expires: r�_(q
......... .. ... . ..
M
FGWAIVM
I This lease shall be subject to review and re-evaluation at the end of each 1 year period, by the
N*heir
Index rate during the last 12 month period, or;
Land less improvements will be appraised every 5 years and the adjusted rental will be based on
normally 10-12 percent of the appraised value. If disputed, lessor obtains appraisal at his expense and
lessor/lessee equally share expense for review appraisal that establishes fair market value.
2. The tenant for himself, his personal representatives, successors in interest, and assigns, as a part
of the consideration hereof, does hereby covenant and agree that (1) no person on the grounds of race,
color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise
subjected to discrimination in the use of said facilities, (2) that in the construction of any
improvements on, over or under such land and the furnishing or services thereon, no person on the,
shall be excluded from D_articinpation in- de�ied the benefits of,
or be otherwise subjected to discrimination, (3) that the tenant shall use the premises in compliance
with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations,
Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in
Federally -assisted programs of the Department of Transportation -Effectuation of Title VI of the Civil
Rights Act of 1964, and as said Regulations may be amended.
That in the event of breach of any of the above nondiscrimination covenants, Airport Owner
shall have the right to terminate the lease and to re-enter and as if said lease had never been made or
issued. The provision shall not be effective until the procedures of Title 49, Code of Federal
Regulations, Part 21 are followed and completed including exercise or expiration of appeal rights.
shall be a condition of this lease,
a) that the lessor reserves unto itself, its successors and assigns, for the use and benefit of the
public, a right of flight for the passage of aircraft in the airspace above the surface of the real property
A*w�tm;,e_such noise as may be inherent
the operation of aircraft, now known or hereafter used, for navigation of or flight in the said airspace,
and for use of said airspace for landing on, taking off from or operating on the airport.
b) that the Lessee expressly agrees for itself, its successors and assigns, to restrict the height of
structures.. ob,-ects of nat rowth and other obstructions on the hereinafter described realpro3,Q]:�- to
such a height so as to comply with Federal Aviation Regulations, Part 77.
c) that the Lessee expressly agrees for itself, its successors and assigns, to prevent any use of
the hereinafter described real property which would interfere with or adversely affect the operation or
maintenance of the airport, or otherwise constitute an airport hazard.
4. This lease and all provisions hereof are subject to any ordinances rules or regulation which
bar, orway-A-erez-1cer be a&-,w,,tei bv the Aimort Owner t)ertaininQ- to the Florida Keys Marathon
179
5. Notwithstanding anything herein contained that may be, or appear to be, to the contrary, it is
expressly understood and agreed that the rights granted under this agreement are nonexclusive and the
Lessor herein reserves the right to grant similar privileges to another Lessee or other Lessees on other
parts of the airport.
IN
r